Lin v. Canada (Minister of Citizenship and Immigration)
Court headnote
Lin v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-02-26 Neutral citation 2002 FCT 207 File numbers IMM-6588-00 Decision Content Date: 20020226 Docket: IMM-6588-00 Neutral Citation: 2002 FCT 207 Between: HUA LIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: [1] The applicant seeks judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) dated November 30, 2000, in which the Board determined she was not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2. [2] At the hearing before me, learned counsel for the respondent conceded that the Board completely overlooked the issue of refugee sur place which was clearly raised before it by the former counsel for the applicant. [3] The intervention of this Court is, therefore, warranted. Given the importance of such an issue and, accordingly, the seriousness of the error made by the Board, I consider it more appropriate that the plaintiff's claim for refugee status be reconsidered in its entirety by a differently constituted panel. [4] Consequently, the application for judicial review is allowed, the Board's decision is set aside and the matter is remitted for rehearing by a differently constituted panel. JUDGE OTTAWA, ONTARIO February 26, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD COURT…
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Lin v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-02-26 Neutral citation 2002 FCT 207 File numbers IMM-6588-00 Decision Content Date: 20020226 Docket: IMM-6588-00 Neutral Citation: 2002 FCT 207 Between: HUA LIN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER PINARD J.: [1] The applicant seeks judicial review of a decision of the Refugee Division of the Immigration and Refugee Board (the Board) dated November 30, 2000, in which the Board determined she was not a Convention refugee as defined in subsection 2(1) of the Immigration Act, R.S.C. 1985, c. I-2. [2] At the hearing before me, learned counsel for the respondent conceded that the Board completely overlooked the issue of refugee sur place which was clearly raised before it by the former counsel for the applicant. [3] The intervention of this Court is, therefore, warranted. Given the importance of such an issue and, accordingly, the seriousness of the error made by the Board, I consider it more appropriate that the plaintiff's claim for refugee status be reconsidered in its entirety by a differently constituted panel. [4] Consequently, the application for judicial review is allowed, the Board's decision is set aside and the matter is remitted for rehearing by a differently constituted panel. JUDGE OTTAWA, ONTARIO February 26, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD COURT FILE NO.: IMM-6588-00 STYLE OF CAUSE: HUA LIN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: MONTREAL, QUEBEC DATE OF HEARING: JANUARY 25, 2002 REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD DATED: FEBRUARY 26, 2002 APPEARANCES: Me DIANE DORAY THE APPLICANT Me DANIEL LATULIPPE THE RESPONDENT SOLICITORS ON THE RECORD: DIANE N. DORAY THE APPLICANT MONTREAL, QUEBEC MR. MORRIS ROSENBERG FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA
Source: decisions.fct-cf.gc.ca